Marcellus Davis, Jr. v. Michael Astrue

Good Law
474 F. App'x 491
United States Court of Appeals for the Ninth CircuitMarch 21, 201210-56411California366 words

Opinion

Opinion

MEMORANDUM

Marcellus Davis, Jr., appeals pro se from the district court’s judgment upholding the Social Security Administration Commissioner’s decision regarding the calculation of Davis’s monthly benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s decision, and may set aside the Commissioner’s decision only if it is based on legal error or is not supported by substantial evidence in the record. Tackett v. Apfel, 180 F.3d 1094, 1097 (9th Cir.1999). We affirm.

The Commissioner properly reduced Davis’s monthly Supplemental Security Income benefits based on the retirement benefits that Davis began to receive. See 42 U.S.C. § 1382 (b) (explaining that Supplemental Security Income benefits are reduced by the amount of income an individual receives); id. at § 1382a(a)(2)(B) (defining income to include retirement benefits). The overpayment rules cited by Davis do not apply to him because the Commissioner has not acknowledged, or sought an adjustment or recovery of, any overpayment. See 20 C.F.R. § 404.512 (an adjustment or recovery to recoup an overpayment will not be made if certain conditions apply (emphasis added)).

The Commissioner…

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